A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his or her affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.
RCW 26.09.270
Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.
Applied in 45 court decisions — leading case 122 Wash. 2d 604 - MATTER OF MARRIAGE OF McDOLE (1993)
Most recently applied in In re Custody of S.M. (July 2019)
2011 c 336 s 691; 1989 c 375 s 15; 1973 1st ex.s. c 157 s 27.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.